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DAYTON AIRPLANE CO. v. UNITED STATES

Nos. 4657, 4658.

21 F.2d 673 (1927)

DAYTON AIRPLANE CO. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

October 4, 1927.

Attorney(s) appearing for the Case

Alexander Holtzoff, of New York City, and Haveth E. Mau, U. S. Atty., of Cincinnati, Ohio (Herman J. Galloway, Asst. Atty. Gen., and John A. McCann, Sp. Asst. Atty. Gen., on the brief), for the United States.

Judson Harmon, of Cincinnati, Ohio, and F. W. M. Cutcheon, of New York City (John B. Marsh, of New York City, Murray Smith, of Dayton, Ohio, George Hoadly, of Cincinnati, Ohio, and Rollin Browne, of New York City, on the brief), for Dayton Airplane Co.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

DENISON, Circuit Judge.

In 1917 and 1918 the United States, hereinafter called the plaintiff, and the Dayton Airplane Company, hereinafter called the defendant, entered into a series of cost-plus contracts for the building of airplanes for various war purposes. The last contract superseded the others in most particulars, and contained detailed and elaborate provisions for the conduct of affairs under it and for the steps to...

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